HomeMy WebLinkAboutC2005-741 - 12/15/2005 - NA
Doc# 2006043429
NO. 05-61344-3
IN C'ONDEMNA nON
CITY OF ('ORPl S CHRISTI
IN THE COUNTY COURT
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AT LAW NO.3
CAL VIN ! , BRIGH r
NUECESCOUNTY,TEXAS
.U :OGMENT IN ABSENCE OF OBJECTION
rhat, on the date bdow wntten. there came on to be heard and considered the Award of
SpecIal ('ommlssioners fi I.:d on the iti1 day of September, 2005 with the Judge of said Court
under the above entItled and numbered cause, which is a condemnation proceeding in which the
City "fCorpus Christi is Pgtt::rXi\fNBr'D Defendant.
II appeanng to the, 'ourt. and it is so found. that no objections to said Award were filed
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within the time allowed b:pla.w nor as of the date hereof, and that said Award has been filed with
.A.I~Y PEREZ, DISTRICT CLERK
the Clerk of this Court: NUECES COUNTY
II IS THERf FORE-, ORDERED, ADJUDGED and DECREED by the Court as follows:
That said A ward of Special CommIssioners be, and the same is hereby confirmed
and adopted and made the .I udgmen1 of tillS Court:
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That the Ckrk uf t]l1S Court record this Judgment and the Award of Special
C'omrnissloners in the minUles 0l'thl5 Court;
1, That hv virtue of the i\ ward of SpecIal Commissioners, the Plaintiff, City of
I,'orpus Chnsti, is entItled t.) be vested \\'Ith, and does hereby have Judgment against the above
named Defendant \ esting III 11 tl1o:-.c cCI1alll pemlanent and temporary easements and easement
nghTs in I ~Ol ] 7. SectIOn 3k Flour HlulT and Encinal Faml and Garden Tracts, a subdivision of
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2005-741
12/ \5/05
Bright. ( a"in F.
Nueces (ilunty. Texas, is more particularly described in Plaintiffs Original Petition for
Cundemnation Il1cluded and adopted W'. a part of the A ward of Special Commissioners, a copy of
which /\ \\ ard of Special (ommissloners is attached hereto as EXHIBIT "1." and adopted as a
pan hereol for all purpose~
-l rhat oy vin ue of th,~ A \\ ard of Special Commissioners, the Defendant is entitled
10 reco\ el from lh(~ Plaintiff Ci \' qf Corpus Chnsti, the sum of Fifteen Thousand Three
Hundred Two and -'2110'1 Dollars (SI5,302.72) and does hereby have Judgment against the
Plaintiff for said amount: md it appeanng and it IS so found that the amount of said Judgment
has heen paid into the registry of tfle Court by CIty of Corpus Christi and withdrawn there from
by the Defendant. Calvll1 I Bnght. that this Judgment is entered fully satisfied; and
rhat the co..;ts of tht?se proceedings arc assessed against the Plaintiff as provided
In the A ward of Special C\'mmlsswners
SIGNED th1S the I '2 da~ of December. 2005.
--M ~y
Marisela Saldana, Judge, County Court at Law No.3
Nueccs County, Texas
2111 ,-
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CAUSE NO. 05-61344-3
CONDEMNATION PROCEEDING
CITY OF CORPUS CHRISTI
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IN THE COUNTY COURT
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AT LAW NO. THREE
CAL VIN F. BRIGHT
NUECESCOUNTY,TEXAS
AWARD OF SPECIAL COMMISSIONERS
On the 7th day of September, 2005, in the City of Corpus Christi, Nueces County, Texas, the
above condemnation proceeding came on to be heard before the undersigned, three disinterested
freeholders ofNueces Count v, Texas heretofore appointed as Special Commissioners by the Judge
of the County Court at Law No. Three. Nueces County, Texas, to assess the damages caused by the
condemnation proceedings, and the ('onunissioners proceeded to hear evidence and argument, and
made the following findings
I.
That on the 3rd day of August 2005, the CITY OF CORPUS CHRISTI, as Plaintiff, filed
a written petition with the DIstrict Clerk of Nueces County, Texas, wherein upon the facts and for
the purposes therein stated, It sought judgment vesting in the CITY OF CORPUS CHRISTI,
permanent easements and temporary easement for municipal purposes, in Nueces County, Texas,
all as described in Plaintiff's Original Petition for Condemnation attached hereto as Exhibit "I" and
Il1corporated herein for all purposes.
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That the Judge of the said Court did duly appoint Nancy Nemer, Lucia Acuna and Mandy B.
Vasquez, three disinterested freeholders of Nueces County, Texas, as Special Commissioners to
assess the damages caused by the taking of said property,
III.
That thereafter said Special Commissioners duly qualified as such, each taking the oath
prescribed by law, which oaths are on file with the papers in this cause.
IV.
That after havmg so qualifie<L said Special Commissioners on the 23rd day of August, 2005,
by \vritten order designated and appointed the 7th day of September, 2005, at 9:00 o'clock a.m. at the
Jurv Room of County CoUt1 at Law '\lo, Three, Nueces County Courthouse, Corpus Christi, Nueces
County, Texas, as the date. lime. and place for hearing said petition and parties, said date being the
earlIest practicable tIme and such place heing in the county in which the land or a part thereof is
situated.
V.
That on the 23rd day of August, 2005, said Special Commissioners issued written notice of
the date and place of the hearing, Defendant Calvin F Bright was duly served with notice and
notIfied In the manner proVIded by law of such hearing, The notice with written return of service
thereon being duly filed with the Commissioners on the ih day of September, 2005.
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VI.
That on the ~Ih day of September, 2005, said Special Commissioners did convene and
Plamttflthe CITY OF CORPUS CHRISTI, appeared by and through its attorney; and Defendant
Ca]vlll F Bright_o//~_";f '__Li f!- t'!:f" 17,
Said Special Comm Issioners proceeded to hear evidence as to the damages that will be
sustamed bv the owner and those c1aimmg an interest in such land by reason of the taking of said
property and, after hearing and considering such evidence, said Special Commissioners did find and
determine and, accordingly assess damages to be paid by Plaintiff, the CITY OF CORPUS
CHRISTI. to the Defendant m the total amount of vf./k: -4~ - ~ ~-
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.M_ AND ~1100 DOLLARS ($ /01;/#/;t~ ).
The costs of this proceeding are adjudged against tfte- ~/~ 4J d ~/ "R/!- ~~
SIGNED on this thf~__ day of September, 2005.
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Nancy emer, Special Commissioner
X-A .. - ~, ~ -A -' /V'. ~ ,
Lucia Acuna, Special Commissioner
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The foregoing A ward of Special ('ommissioners was filed with me this the day of
(September, 20j)5. 11 IS ORDERI:.D that each Special Commissioner receive the sum of
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$ .I'SQ~:-'_ as a reasonable fee for services in this proceeding The Clerk is hereby informed
of the decIsion by the SpecIal ComnllsslOners pursuant to 921.049 of the Texas Property Code.
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Judge Marisela Saldana
County Court at Law No. Three, Nueces County, Texas
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EX H I BIT ' I I'
NC M. 6/'3 f.I Co.{ ..3
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CONDEtvfNA TION PROCEEDING
CITY OF CORPUS CHRISTI
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IN THE COUNTY COURT
AT LAW NO. .3
CAL VIN F BRIGHT
NUECES COUNTY, TEXAS
ORIGINAL PETITION FOR CONDEMNATION
TO THE HONORABLE 11 JDGE OF SAID COURT:
The CITY OF CORPUS CHRISTI, Plaintiff, exercising the power of eminent domain
conferred upon it by Texas Local Government Code Chapter 251, and by virtue of Texas
Property Code, Chapter 21 and its City Charter and Ordinances, files this Original Petition for
Condemnation against CALVIN F. BRIGHT, Defendant, and would respectfully show:
I
PARTIES
1,1 Plaintiff, City of Corpus Christi, is a home-rule municipal corporation operating under a
home rule-charter in the City of Corpus Christi, Nueces County, Texas, and having by law the
right of eminent domain and power of condemnation, acting herein by and through its duly
elected and authorized City Council for and on behalf of the City of Corpus Christi.
1.2 Defendant, Calvin F Bright the owner of an equitable interest in the subject property, IS
a resident of Nueces County, Texas upon whom notice can be served at 3106 Laguna Shores
Road, Corpus ChristL TX 78418
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II
JURISDICTION
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The County Court at Law has jurisdiction of this proceeding pursuant to Texas Property
Code SectIon 21001
III
PROPERTY TO BE CONDEMNED
3.1 Plaintiff, through Its governing body has determined it to be necessary in the public
interest to acquire certain permanent and temporary easements on Defendant's property in
Nueces County, Texas. The permanent easements sought consist of a 15' wide and 329.981 long
Utility Easement and an adjacent 25' wide and 329.99' long Right of Way Easement containing
a combined area of 0.30 acres of land more or less. The temporary easement sought consists of a
50' wide and 32997' long Temporary Construction Easement adjacent to the Utility Easement
and contains an area of 0,38 acres ofland more or less.
3.2 The Defendant's property consists of 5.50 acres of land located in Lot 17, Section 38,
Flour Bluff and Encmal Farm and Garden Tracts, a subdivision of Nueces County, Texas.
3.3 The easements herein sought and Defendant's property are more particularly described
in Exhibits "A" and "B" attached to this Petition and adopted by this reference as a part thereof
for all purposes.
IV
PURPOSE FOR CONDEMNATION
Plaintiff seeks the rIght to use and will use the easements for the following purposes:
4.\ The permanent Utility Easement is to be used, from time to time, for the municipal
purpose of free ingress, egress and regress to and for the City of Corpus Christi, Texas and its
franchisees, to construct lay. Inspect service. repair, maintain, operate, keep and remove
municipal public uti lity lines and franchised utility lines within the easement herein described.
198168 VI
42 The permanent Right of 'Vay Easement shall be used, from time to time, for the
municipal purpose of free mgress, egress and regress to and for the City of Corpus Christi and
Its franchisees, to construct, operate, repair and maintain streets, sidewalks, curbs, gutters and
related appurtenances within the easement described for the public use by foot, with
automobiles, carts, caniages and all other vehicles and all other means of transportation
necessary or convement at all times and in all seasons, on, over, under along and upon said
easement, as well as to lay, operate, inspect, replace, repair, service and maintain municipal
public utility lines, storm sewers, and franchised utility lines in, on, over, under and along said
easement
4.3 The temporary easement, referred to herein as the Temporary Construction Easement,
IS to be used as an exclusive easement from time to time for the municipal purpose of the free
and unintenupted use, liberty and privilege of going in, on, over, under, and along the easement
area. adjacent to the above described permanent Utility Easement to be used for working room
and to store materials and machinery during the construction of the initial water transmission line
within the permanent Utility Easement and until completion and acceptance thereof by the city
Manager of the City of Corpus Christi; whereupon this temporary easement will terminate.
4.4 Plaintiff shall have no right to fence the permanent easements Plaintiff shall have no
right to use any of Defendant's property outside the easements herein described. It shall be a
further express limitatIOn on the said easement, that Plaintiff shall. from time to time, after any
construction. laying. servicing, repaIring, maintaining, replacing or removing public utility lines,
restore the surface of the land within the easement areas as nearly as practicable to the same
conditIOn as existed pnor to such USt
198168 V3
4 " The rights of Plaintiff to be acquired are easement rights only, and there is reserved unto
Defendant, his heIrs. executors. successors and assigns, the use and enjoyment of the easements
subject only to the dominant right of the Plaintiff to the full use and enjoyment thereof, without
mterterence for the purpose for which the same are sought. Defendant can erect no permanent
structures within the permanent easement other than those hereinafter stated; but it is an express
limitation on Plaintiff s nghts sought herein that Defendant shall have the right, subject to
existmg laws, ordinances and regulations at the time, to cross the permanent easement with
roads, driveways, pipes and fences with gates for Plaintiffs easement use, so long as the same
are installed so as not to unreasonably interfere with safe operation of utility lines constructed or
laid under the terms of this easement.
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OWNER OF THE PROPERTY
5. The Plaintiff has determined that the Defendant is the person who owns or claims some
mterest in the property being condemned
VI
UNABLE TO AGREE
6. Plaintiff has been unable to agree with Defendant on the damages to which they are
entitled for such acquisition. Further negotiation would be futile. All conditions precedent to
filing this condemnatIOn action have been satisfied.
\VHEREFORE PREMISES CONSIDERED, Plaintiff prays that Special Commissioners
be appointed to assess the amount of damages to which the Defendant is entitled according to
law and that a judgment be entered on the Award of Special Commissioners vesting in the
Plamtiff, City of Corpus Christi. title to the permanent easement sought on the subject property
and awarding compensation jointly to the Defendant or as otherwise as allowed by law, assessing
i98168 V3
the amount of costs, and granting such other relief to which the Plaintiff may show itself to be
entltled.
Respectfully submitted,
WELDER, LESHIN & MAHAFFEY, L.L.P.
By:
Jo A. Cohn, Jr.
ate Bar No. 04514000
800 N. Shoreline, Suite 300 North
COIpUS Christi, Texas 78401-3709
Telephone: (361) 561-8000
Telecopier: (361) 561-8001
ATTORNEY FOR PLAINTIFF
CITY OF CORPUS CHRISTI
198168 V3
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ENGINEERING
Job No. 33760.A205
October 07, 2004
(361 )854-3 W]
PO BO> 6355 . CORPUS CHRISTI. TEXAS 78466-6355
FAX (361 )854-600 1
EXHIBIT A
ST A TE OF TEXAS
COUNTY OF NlJECES
TRACT 507
Fieldnotes for a 15.00 fool wide utility easement oul ofa 5.5 acre tract of land out oflol 17, Section 38, Flour Bluff
and Encinal Farm and Garden Tracts, a map olwhich is recorded in Volume A, Pages 41 thru 43, Map Records ofNueces
County, Texas; said 5.5 acre tract being the same land described as Lots I. 2 and 3 of unrecorded plat of 050 Acres and being
the same property described in deed dated Ju Iy 1, 1971 from Sheriff Larry Olivarez, Sr. to Calvin F. Bright, filed under Clerk's
File No 199702483 J, Deed Records of Nueces County, Texas; said utility easement being further described as follows:
BOIinnin. at a point on the common line ofsaid 5.5 acre tract and ofa 9.776 acre tract (Clerk's File No. 258002,
Volume 393, Page 518, Deed Records ofNueces County, Texas) for the north corner of this easement, from which corner the
north comer of said 5.5 acre tract and the east comer said 9.776 acre tract, located at the intersection of said common boundary
and the existing southwest boundary ofVorktown Boulevard, an 80 foot wide public roadway, bears North 28031'47" Em, a
total distance of 25.00 feet and trom which Point of Beginning a National Geodetic Survey monument stamped "SS-100" bears
North 77019'26" West 22,739.63 feet and another National Geodetic Survey monument stamped "SR-070" bears North
58017'28" West 1483.57 feel;
Thence, South 61026'36" East, with the northeast boundary of this easement, same being the proposed southwest
boundary of 130 foot wide Yorktown Boulevard, as per the Corpus Christi Urban Transportation Plan dated March 2003 and
parallel widllhe centerline of said Yorktown Boulevard and 65.00 feet distant there from, measured at right angles thereto, a
distance 0029.99 feet to the common boundary of said 5.5 acre tract and of Lot 26A, Berlet Addition, a map of which is
recorded in Volume 61, Page 145, Map Records of Nueces County. Texas for the east comer of this easement, from which
corner the east comer of said 5.5 acre tract and the north comer of said Lot 26A bears North 28033'24" East, a distance of
2500 feel
Thence, South 28033 '24" West, with the common boundary of said 5.5 acre tract and said Lot 26A, same being the
southeast boundary of this easement. a distance of 1 5.00 feet for the south comer of this easement;
Thence, North 61026'36" West, with the southwest boundary oflhis easement, parallel with the centerline ofsaid
Yorktown Boulevard and 80.00 feet distant there trom, measured at right angles thereto, a distance of 329.98 feet to the
aforementioned common boundary of said 9.776 acre tract and of said 5.5 acre tract for the west comer oethis easement;
Thence, North 280) 1 '47" East, with said common boundary, same being with the northwest boundary of this 5.5 acre
Iract and the northwest boundary of this easemenl, 15.00 feel 10 the Point of Beginning and containing 4,949.84 square feet of
land
Bearings based on GPS bearings. NAD83, Texas South Zone. National Geodetic Survey monuments "SR.070"
(Norlh coordinate = 17, 123,255.156J East coordinate = 1,358,946.5964) and "S.S.I 00" (North coordinate = 17,127,465.3284
East coordinate := 1,338,023.3238) were used as control points for establishing basis of bearing. Coordinates shown are based
on Texas State Plane Coordinate System uth Zone (MAD83).
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